Norteño Pipeline Company

First Revised Volume No. 1

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Effective Date: 04/01/1996, Docket: CP96- 81-007, Status: Effective

Original Sheet No. 245 Original Sheet No. 245 : Superseded

 

 

GENERAL TERMS AND CONDITIONS

(continued)

 

Retention Quantities shall pass to Norte¤o at the

Receipt Point(s) and title to all other gas

received by Norte¤o at the Receipt Point(s) shall

not pass to Norte¤o.

 

 

14. FORCE MAJEURE:

 

14.1 Neither Norte¤o nor Buyer nor Shipper shall be

liable in damages to the other for any act,

omission or circumstances occasioned by or in

consequence of any acts of God, strikes, lockouts,

acts of the public enemy, wars, blockades,

insurrections, riots, epidemics, landslides,

lightning, earthquakes, fires, storms, floods,

washouts, arrests and restraints of rulers and

peoples, civil disturbances, explosions, breakage

or accident to machinery or lines of pipe,

temporary failure of gas supply, failure or

refusal of third-party transporters to transport,

the binding order of any court or governmental

authority, and any other cause, whether of the

kind herein enumerated or otherwise, not within

the control of the one claiming suspension and

which by the exercise of due diligence it is

unable to prevent or overcome. Failure to prevent

or settle any strike or strikes shall not be

considered a matter within the control of the

party claiming suspension.

 

14.2 Such causes or contingencies affecting performance

shall not relieve Norte¤o or Buyer or Shipper of

liability in the event of failure of either to use

due diligence to remedy the situation and to

remove the cause in an adequate manner and with

all reasonable dispatch, nor shall such causes and

contingencies relieve either from its obligation

to make payments of amounts then due hereunder.